The MLA, as amended (30 U.S.C. §§ 181-287), and its implementing regulations established the BLM’s authority to lease and produce federal minerals. The restrictions identified through the planning process and attached to federal oil and gas leases constitute a legal contract between the lessee and the BLM. No other party can change that contract without the expressed consent of the authorized officer. The authorized officer may waive, modify, or amend lease conditions as site-specific analysis dictates.

The section of the MLA that specifically refers to the regulation of surface-disturbing activities on oil and gas-leased lands is found in 30 U.S.C. § 226(g), 1988. The key statement which does not distinguish between public surface and split-estate surface, but applies to all leases follows, “The Secretary of Interior, or for the National Forest lands, the Secretary of Agriculture, shall regulate all surface-disturbing activities conducted pursuant to any lease issued under this chapter, and shall determine reclamation and other actions as required in the interest of conservation of the surface resources.”

It has been cited that Onshore Oil and Gas Order #1 of 1983, “Approval of Operations on Onshore Federal Land and Indian Oil and Gas Leases,” is the final resolution to the split-estate mineral issue. The order has sometimes been interpreted to mean that the BLM has waived all or many of its responsibilities during the development of federal oil and gas where split-estate lands is involved. The order does not rescind or revoke any of the laws or regulations including the MLA that inspired it. Furthermore, this order cannot revoke any other BLM responsibility or obligation specified elsewhere in laws or regulations, again including the MLA.

The following laws and executive orders are in addition to the MLA and pertain to split-estate federal mineral authorizations. They are not all-inclusive; new laws and amendments are passed frequently.